DRAFT — FOR LEGAL REVIEW ONLY. This document must be reviewed by qualified legal counsel before publication.
ReadBy (the "App") is operated by Litson PLLC, a Tennessee professional limited liability company ("ReadBy," "we," "us," or "our"). By downloading, installing, or using the App, you ("you," "Account Holder") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and use this App. The App is designed for adults to create stories for children ages 3-12+.
ReadBy is a personalized children's storytelling app that allows parents, grandparents, and caregivers to:
We reserve the right to suspend or terminate your account if you:
The App offers both free and paid subscription tiers. Features available under each tier may change over time.
All subscriptions and payments are processed through Apple's In-App Purchase system and are subject to Apple's terms and conditions.
We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period after the notice.
Stories created through the App are generated by artificial intelligence based on your inputs. You acknowledge that:
You may NOT:
ReadBy employs a multi-layer content safety system to ensure all stories are appropriate for children ages 3-12+. This includes input filtering, AI guardrails, and output moderation.
You agree NOT to:
We reserve the right to review, filter, or remove any user-generated content that violates these Terms or our content safety standards. Repeated violations may result in account suspension or termination.
By creating a voice profile, you:
Voice recordings and the voice models created from them are biometric identifiers and are handled as described in our Privacy Policy (Section 2.3.2) and our Biometric Data Retention & Destruction Policy, including retention, deletion, and — where applicable — written-release requirements for family-member recordings.
ReadBy lets you ("Account Holder") invite a trusted adult — for example, a grandparent or co-parent ("Voice Donor") — to record a sample of their voice so it can narrate stories on your account. The Voice Donor records on a public web page hosted at readby.app/record/<token> and is not required to create a ReadBy account.
By generating and sharing a Family Voice Invite link, you represent and warrant that:
The Voice Donor sees, before recording, who invited them, what the recording will be used for, and how to decline. The cloned voice does not become usable in your App until you (the Account Holder) listen to a short preview and explicitly approve it. Either you or the Voice Donor may request deletion of the voice and the original recording at any time; see the Privacy Policy for the data-retention details.
You are responsible for any voice you bring into your account via this flow. We reserve the right to remove any voice that we have reasonable grounds to believe was added without the Voice Donor's consent or in violation of these Terms.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that AI-generated stories will be:
While our content safety system is designed to produce age-appropriate stories, we encourage parents and caregivers to review stories before sharing them with children.
We do not guarantee uninterrupted or error-free service. The App may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, READBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to indemnify, defend, and hold harmless ReadBy and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles. Subject to Section 11.2, the exclusive venue for any dispute shall be the state or federal courts located in Davidson County (Nashville), Tennessee. [Counsel to confirm Tennessee governing law + venue and enforceability of the arbitration/class-waiver provisions in Section 11.2 for a consumer, child-directed service.]
Any dispute arising from these Terms or your use of the App shall be resolved through binding arbitration administered by [ARBITRATION BODY — e.g., the American Arbitration Association (AAA) under its Consumer Arbitration Rules; counsel to confirm], seated in Tennessee, except that either party may seek injunctive relief in court for intellectual property violations.
You agree that any dispute resolution will be conducted on an individual basis and not as part of a class, consolidated, or representative action.
We may modify these Terms at any time. We will provide notice of material changes through:
Continued use of the App after changes take effect constitutes acceptance of the modified Terms. If you disagree with any changes, you should stop using the App and delete your account.
For questions about these Terms:
This terms of service document is provided as a draft template. It must be reviewed and approved by qualified legal counsel before publication, with particular attention to jurisdiction-specific requirements, arbitration clauses, and consumer protection laws.